What Does Sexual Assault Mean?
In everyday language, sexual assault refers to any non-consensual sexual contact or behavior. If someone touches you sexually without your clear, voluntary, ongoing consent—or when you are unable to consent—that conduct is sexual assault. That’s the plain-English core.
From a civil law perspective (the lawsuits our firm brings), what is considered sexual assault includes a wide range of conduct: forced or coerced sexual acts, sexual contact when someone is intoxicated or unconscious, unwanted touching, groping, digital penetration, assault facilitated by drugs or alcohol, and assaults involving threats, weapons, or power imbalances. If you’re asking, “what counts as sexual assault?”—you’re not alone, and you deserve clear answers.
Consent, Explained Simply
Consent must be freely given, informed, specific, and reversible. That means:
- It’s an enthusiastic yes, not the absence of “no.”
- It must be given without pressure, fear, manipulation, or threats.
- It must come from someone who is capable of consenting—not asleep, intoxicated to the point of impairment, unconscious, or under the legal age of consent.
- It can be withdrawn at any time. If someone continues after consent is withdrawn, that’s assault.
- Prior consent doesn’t equal future consent. Clothing, dating history, and social media posts are not consent.
If you didn’t (or couldn’t) consent, that is what sexual assault means in practice.
Most Common Examples
If you’re trying to understand what counts as sexual assault, here are common scenarios we see in civil cases:
- Forced sexual acts (with or without a weapon or overt threats)
- Groping or unwanted touching of breasts, buttocks, or genitals
- Sex while someone is incapacitated by alcohol, drugs, or unconsciousness
- Coerced sex due to threats (job loss, grades, team status, housing, immigration, retaliation)
- Assaults by a person in power or trust: coach, teacher, supervisor, landlord, rideshare driver, healthcare worker, clergy, or caregiver
- Drug-facilitated assault (someone drugs your drink)
- Assaults in unsafe environments created by negligent security (broken locks, dark lots, ignored complaints)
If any of this resonates, you may have a civil claim. A sex assault lawyer can help you evaluate options and next steps.
“Aggravating” Factors That Can Increase Case Value
Some assaults involve circumstances that courts view as especially serious, such as:
- Use of a weapon or causing significant bodily injury
- Multiple attackers or confinement/restriction of movement
- Targeting a minor or a person unable to consent
- Abuse of authority (teacher, boss, doctor, clergy)
- Prior complaints the institution ignored
In civil cases, these facts can support punitive damages and increase leverage for settlement. Our job as a top sexual assault law firm is to surface these facts and hold all responsible parties accountable.
Civil vs. Criminal: Two Paths to Justice
It’s normal to wonder whether you “need” a criminal case. You don’t.
- Criminal cases are brought by the government to punish a crime. The outcome can include jail, probation, or registration.
- Civil cases are brought by you to secure compensation and accountability from the offender and any institution that enabled the harm (school, employer, property owner, youth organization, landlord, healthcare facility, etc.).
These paths can run in parallel or separately. You do not need a conviction to file a civil claim. Our team coordinates strategy to protect your rights and privacy.
Who Can Be Held Liable?
Depending on your situation:
- The individual who committed the assault (intentional torts like assault and battery)
- Institutions that enabled or failed to prevent the assault, via:
- Negligent hiring, retention, or supervision
- Negligent security and premises liability (poor lighting, broken locks, no access control)
- Failure to respond to prior warnings or complaints
- Inadequate training, policies, or reporting systems
- Property owners/management companies and contractors responsible for safety lapses
Identifying every responsible party increases your chance of a meaningful recovery and can drive safety reforms.
What Compensation Can a Civil Lawsuit Provide?
Money can’t erase what happened, but it can fund recovery and stability:
- Medical care and therapy (past and future)
- Lost income and diminished earning potential
- Pain and suffering and emotional distress
- Out-of-pocket costs (relocation, security measures, locks, counseling apps, transportation)
- Loss of enjoyment of life and relationships
- Punitive damages in egregious cases
We document the full impact of the assault—not just immediate injuries, but the ongoing effects on work, school, sleep, relationships, and daily life.
Evidence That Helps (Bring What You Have)
To prove what is considered sexual assault in civil court, helpful evidence can include:
- Texts, emails, DMs, and social posts (screenshots with timestamps help)
- Medical and counseling records documenting injuries or trauma
- Photos, videos, location data, rideshare receipts
- Witness names or anyone you told afterward
- Incident reports, access logs, cameras, or prior complaints (we send preservation letters so they aren’t destroyed)
- Your own notes—write down what you remember as soon as you can
Don’t worry if you don’t have everything. Start where you are; we’ll handle the formal evidence gathering.
Privacy and Anonymity
You may be able to file under initials and request court protective orders to limit disclosure of sensitive information. In settlement, we can often include confidentiality terms. We’ll tailor strategy to your comfort level, balancing privacy, leverage, and your goals. If public accountability matters to you, we’ll pursue targeted options while minimizing exposure.
Timelines and Process (What to Expect)
Some cases resolve in months; complex institutional cases can take longer. Our process:
- Free, confidential consultation: We listen, outline options, and map next steps at your pace.
- Preservation & investigation: We notify defendants to preserve evidence, gather records, and interview witnesses.
- Expert support: Trauma clinicians, security experts, and economists help document harm and responsibility.
- Demand & negotiation: We pursue a private resolution if that fits your goals—or litigate if defendants won’t be reasonable.
- Ongoing updates: You’ll always know where things stand and why.
What To Do Now (and What Not To Do)
- Prioritize care: Seek medical attention and trauma-informed counseling.
- Save evidence: Don’t delete messages or posts; screenshot and back them up.
- Avoid direct contact with the offender or enabling institution.
- Consider reporting when you’re ready; we’ll help you weigh timing and impact.
- Talk to a sex assault lawyer to protect your rights and privacy from day one.
Why Survivors Choose Moran Law Group
- Trauma-informed advocacy designed around your goals
- Institutional accountability: we pursue all responsible parties
- No upfront fees (contingency)—you pay nothing unless we recover
- Local experience with Pennsylvania courts and insurers
- A reputation as a top sexual assault law firm that fights for results and reforms
Ready When You Are
You don’t have to decide anything today. If you’re searching “what is sexual assault” or “what counts as sexual assault,” you’re already doing something brave—seeking clarity. Contact Moran Law Group for a free, confidential consultation. Tell us what happened and what you want to happen next. We’ll take it from there—carefully, respectfully, and relentlessly.
FAQs About
1) What is considered sexual assault in civil cases?
In civil cases, sexual assault means any non-consensual sexual contact or behavior that causes harm, including forced sex, groping, digital penetration, coercion, or sexual activity when someone cannot consent due to intoxication, unconsciousness, age, or disability. It also includes assaults enabled by power imbalances (coach, teacher, supervisor, landlord, healthcare worker) and assaults in unsafe environments caused by negligent security. The focus is on your harm and their responsibility. You don’t need a criminal conviction to bring a civil claim. If you’re unsure whether what happened qualifies, a confidential consult can answer that quickly and safely.
2) Do I need to report to police before I can sue?
No. Criminal and civil processes are separate. You can pursue a civil claim whether or not you file a police report. That said, reporting can sometimes help preserve evidence and may influence strategy or timing. We’ll talk through pros and cons—including privacy concerns, safety planning, and how criminal proceedings interact with civil discovery. If a criminal case is pending, we coordinate to protect your rights and avoid unnecessary duplication. Your comfort and safety come first. The most important step is to get informed about your options so you can choose what feels right for you.
3) How do I protect my privacy if I file a lawsuit?
We can often file using initials, request protective orders to limit disclosure of sensitive information, and seek to file certain materials under seal. During discovery, we narrowly tailor records requests to avoid unnecessary exposure and object to irrelevant intrusions. If settlement is your goal, we can negotiate confidentiality provisions. When media interest exists, we act as a buffer and handle communications strategically. From day one, we design a privacy plan that aligns with your goals—whether that’s maximum confidentiality, targeted public accountability, or a balance of both—so you stay informed and in control throughout.
4) What compensation can I recover, and how is value determined?
Compensation can include medical and counseling costs, lost income, reduced earning potential, pain and suffering, and practical expenses like relocation or security. Case value depends on liability strength, available insurance, evidence quality, and the assault’s impact on your health, work, school, relationships, and daily life. Aggravating factors—like weapons, serious injury, multiple attackers, or institutional negligence—can increase value and support punitive damages. We conduct a comprehensive damages assessment with experts, then outline a realistic settlement range and trial strategy. Our goal is to secure resources that support healing, safety, and long-term stability.
5) What does hiring a sex assault lawyer cost?
We typically work on a contingency fee. You pay no upfront costs; our fee is a percentage of any recovery. If there’s no recovery, you owe no attorney’s fees. We advance case expenses (records, experts, filing fees) and explain how those are handled in writing. Throughout the case, you’ll receive clear updates on offers, costs, and strategy—no surprises. This model aligns our interests with yours: we’re motivated to maximize your outcome while protecting your privacy and wellbeing. If you have questions about percentages or expenses, we’ll walk through the details before we begin.
Additional Sexual Assault Resources
What Is Statutory Sexual Assault? A Guide for Survivors and Families